Palmesano, Miller M, Gandolfo, Miller B, Manktelow, Morinello, Reilly, Montesano, Brabenec, Durso,
Tague, Byrnes, Giglio JM, McDonough, Giglio JA, Lawler, Hawley, Lemondes, Jensen, Simpson, Goodell,
Norris, Walczyk, Mikulin
MLTSPNSR
Amd 202, St Ad Proc Act
Requires a state agency to get approval from the senate and the assembly prior to adopting or readopting a rule on an emergency basis unless such rule is necessary on an emergency basis for the preservation of the public health, safety and general welfare of the public.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8603
SPONSOR: Ra TITLE OF BILL:
An act to amend the state administrative procedure act, in relation to a
state agency adopting emergency regulations
PURPOSE OR GENERAL IDEA OF BILL:
This bill ensures that any agency that readopts an emergency regulation
beyond the initial ninety-day period must have legislative authority for
such action.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that when an emergency rule has been implemented by
an agency and the agency thereafter seeks to extend the rule by readopt-
ing it, it must be approved by a concurrent resolution of the senate and
assembly. In addition, the readoption of the emergency rule shall remain
in effect for no longer than thirty days. An extension through
readoption may be sought before the initial ninety-day period ends.
Section 2 This act shall take effect immediately.
JUSTIFICATION:
New York State is governed by three co-equal branches of government.
While emergency powers and executive orders are sometimes needed in the
face of a crisis, the shift of power that has occurred during the
COVID-19 pandemic response has subjugated not just the legislature, but
the entire population, to emergency rules by state agencies without
public or legislative input. This is not how New York State was designed
to be governed nor should it be.
This bill would return New York to a system of checks 'and balances
where State agencies take unilateral action to extend emergency rules
without proper review. The legislature does not need to abdicate its
role and delegate its authority for an effective response to any emer-
gency.
By returning power to the legislature and instituting a system of
reasonable checks over state agencies we will ensure that the citizens
of this state are properly represented.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8603
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. RA, PALMESANO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to a
state agency adopting emergency regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
2 of the state administrative procedure act, paragraph (a) as added by
3 chapter 17 of the laws of 1984 and paragraphs (b) and (e) as amended by
4 chapter 483 of the laws of 1988, are amended to read as follows:
5 (a) Notwithstanding any other provision of law, if an agency finds
6 that the immediate adoption of a rule is necessary for the preservation
7 of the public health, safety or general welfare and that compliance with
8 the requirements of subdivision one of this section would be contrary to
9 the public interest, the agency may dispense with all or part of such
10 requirements and adopt the rule on an emergency basis except when the
11 rule to be adopted is an existing adopted emergency regulation, in which
12 case the agency may not dispense with the requirements that such
13 readoption be approved by concurrent resolution of the senate and assem-
14 bly.
15 (b) Unless otherwise provided by law, such emergency rule shall not
16 remain in effect for longer than ninety days after being filed with the
17 secretary of state unless within such time the agency complies with the
18 requirements of subdivision one of this section and adopts the rule
19 pursuant to the provisions of subdivision five of this section,
20 provided, however, if an agency determines the readoption of such rule
21 is necessary on an emergency basis for the preservation of the public
22 health, safety and general welfare and compliance with the requirements
23 of subdivision one of this section would be contrary to the public
24 interest, then the readoption of such rule shall require the approval of
25 the senate and assembly by concurrent resolution, and such emergency
26 rule is readopted prior to the expiration of such ninety day period such
27 readoption and any subsequent readoptions shall remain in effect for no
28 longer than [sixty] thirty days.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14033-01-1
A. 8603 2
1 (e) If, prior to the expiration of a rule adopted pursuant to para-
2 graph (a) of this subdivision, the agency finds that the readoption of
3 such rule on an emergency basis is necessary for the preservation of the
4 public health, safety or general welfare, the agency may readopt the
5 rule on an emergency basis upon approval by the senate and assembly. No
6 readoption shall be filed with the secretary of state unless the agency
7 has submitted a notice of proposed rule making pursuant to subdivision
8 one of this section and such readoption has been approved by the senate
9 and the assembly. No second or subsequent readoption shall be filed with
10 the secretary of state unless the agency at the same time submits an
11 assessment of public comments prepared pursuant to paragraph (b) of
12 subdivision five of this section and such subsequent readoption has been
13 approved by the senate and assembly.
14 § 2. This act shall take effect immediately.
